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He was found in contempt and did not purge it. Go back to court?

Business 2 views 2 answers
Hi! STBX found in contempt for not paying spsl maint. Judge signed order which includes $$ jdgmnt and which clearly states that STBX must pay all arrearages by 4/6. He's paid less than half. I have two emails from him stating he won't be paying anymore until end of April. Maint order is for $600 on 5th and 20th of every month. He currently owes $500 for 3/20, $600 for 4/5, and $125 for civil fine on first contempt. Since purge deadline has passed can I file new contempt motion bcs he hasn't purged & new contempt motion for 4/20 & 5/5 (with his email as evidence that he plans on not paying on time) even tho 4/20 & 5/5 haven't come yet? Judge included 4/5 in 1st contempt (even tho not inc. in initial motion) so just 4/20 & 5/5 for 2nd contempt (plus the first contempt not being purged). TY!!

Attorney Answers

2
Larry Couture ·
You can file for the new amounts that are due and, if you can prove that he had the ability to pay but did not, you can ask the court to carry out the punishment for the first contempt, whatever that is. You can also simply garnish his pay which is probably faster that setting a court date and waiting. Another option is to warn him of our intention and suggest that he protect himself by paying what he owes.
0 upvotes
Deborah Josephson ·
First, be careful about giving too many specifics in your case. Second, sometimes courts and parties believe that the payor absolutely has an ability to pay and both are wrong. If you have an attorney, the cost of going back to court may not be worth it. Whatever the payor owes can go into a judgment summary in the final documents. In other words, findings of contempt for failure to pay maintenance does not get you paid.
0 upvotes

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